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Polk sheriff: Deputy in 'great shape' after being shot; suspected shooter arrested

The deputy was taken to the hospital for treatment before being released later in the day.

DAVENPORT, Fla. — A Polk County sheriff's deputy is said to be in "great shape" after he was shot in the chest Wednesday night in Davenport.

During a news conference Thursday, Sheriff Grady Judd said a deputy's bulletproof vest stopped the bullet, which ultimately saved his life. 

The incident started around 10 p.m. Wednesday when two deputies were called about a "family disturbance" in the Tanglewood Preserve subdivision in Davenport.

Gabriel Batista had recently been separated from his family and living at a different location, Judd said. The 41-year-old called the house and talked to his 7-year-old daughter before the mother got on the line and told him not to involve the kid, the sheriff explained. She then hung up the phone.

But the situation only escalated more when Batista reportedly showed up at the home and started knocking on doors. Soon after, the mother called 911 saying her estranged husband was outside and was threatening them, Judd said.

When Deputy Tony Nunez and Deputy Nicole Lyons got to the home, Batista wasn't there but Judd explained he soon returned, approaching deputies with his hands behind his back. 

Credit: Polk County Sheriff's Office
Gabriel Batista

Batista reportedly refused to show his hands when asked and instead backed down the driveway and circled around his car. While trying to order Batista to comply, Judd said Lyons attempted to tase him. According to the sheriff, this prompted Batista to shoot.

Batista fired his weapon a total of six times, with one striking Nunez directly in the center of his chest, Judd said; he called this one a blessing. 

“It was a blessing because our deputy was wearing a bulletproof vest, and he was wearing his Saint Michael’s medallion that he says he never leaves home without,” he said.

Nunez, who only shot at Batista once because his gun jammed, was only left with a scuff mark, which Judd believed is the area where the bullet struck through the vest and hit the medallion.

After the shooting, Batista reportedly "threw his gun" and surrendered. He was uninjured and was then arrested. He's facing an attempted first-degree murder charge along with other charges.

Nunez was taken to the hospital, where he was released later.

“At the end of the day, our deputy is safe," Judd said. “We’re glad that our deputy’s in great shape.”

According to the sheriff, Batista said he wanted to die by "second-hand suicide." He also wanted to let the deputy know he was sorry he tried to kill him, Judd explained.

"He told his family, that we saw after the fact, these guys are going to have to kill me. I’m going to make them kill me," Judd said. 

Nunez's gun jammed, which is why only one shot was fired at Batista. Judd said that had the gun not jammed, Batista would very likely not be alive. 

“Now our goal is to send him to prison for the rest of his life upon conviction,” Judd said. “This guy’s just a POS and he’s going to prison for that…”

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